Dear Governor Cuomo:Since enactment of the NY SAFE Act the Sheriffs of New York have beencarefully reviewing its numerous provisions. This week, 52 of the 58 Sheriffs met inconference to further consider the law and to formulate the formal position of theAssociation. That position statement is attached.There are a number of provisions in the law which our Association finds to behelpful to law enforcement and to our citizens. Those are pointed out in our positionstatement. There are also a number of provisions which cause us concern, and whichwe think should be revisited. Those we also point out in the position statement.We commend you for your willingness to take on this difficult and complexproblem. Because it is so complex it does not admit of an obvious or simple solution.Many of the provisions of NY SAFE Act contribute toward a solution. We hope thatyou will recognize that our comments and suggestions are offered, also, as acontribution toward a solution to the problem.We pledge to continue to work with you and the Legislature as revisions andadditions to the NY SAFE Act are consideredVery truly yours,Donald B. SmithPresidentLegislative Committee ChairmanOFFICERSDonald B. Smith, PresidentPutnam CountyPatrick M. O’Flynn, 1st Vice PresidentMonroe CountyChristopher J. Moss, 2nd Vice PresidentChemung CountyJack S. Stenberg, 3rd Vice PresidentSeneca CountyChristopher Farber, SecretaryH erkimer CountyJames Voutour, TreasurerNiagara CountyTimothy S. Whitcomb, Sgt-at-ArmsCattaraugus CountyEXECUTIVE COMMITTEEJohn M. York, ChairmanLivingston CountyGary T. MahaGenesee CountyKevin E. WalshOnondaga CountyCarl E. DuBoisOrange CountyReuel A. ToddOswego CountyJack MaharRensselaer CountyNathan “Bud” YorkWarren CountyTRUSTEESJoseph A. GeraceChautauqua CountyMichael J. AmatoMontgomery CountyBarry VirtsWayne CountyLEGISLATIVE COMMITTEEDavid Harrison, Jr., ChairmanColumbia CountyDavid E. Harder, Vice ChairmanBroome CountyChristopher J. MossChemung CountyErnest CuttingChenango CountyThomas E. MillsDelaware CountyAdrian H. AndersonDutchess CountyTimothy B. HowardErie CountyThomas J. LoreyFulton CountyPatrick M. O’FlynnMonroe CountyRobert M. MaciolOneida CountyDonald B. SmithPutnam CountyVincent F. DeMarcoSuffolk CountyMichael A. SchiffSullivan CountyNathan “Bud” YorkWarren CountyBarry VirtsWayne CountyFarris S. HeimannWyoming CountyRonald G. SpikeYates CountyYour Sheriff: The People’s Choice for Public Safety

Sheriffs’ Response to NY SAFE Act

Following passage of the SAFE Act by the State Legislature and approval by the Governor, theSheriffs now have had the opportunity to review the language of the new law and wish tomake our comments available. The Sheriffs of New York state support many of the provisionsof the SAFE Act, and believe that they will enhance public safety and help to shield citizensfrom gun violence. However, there are also some parts of this new law that need clarification,and some that we think should be reconsidered and modified to meet the concerns of the lawenforcement community and the public at large.We have identified the following six provisions of the new law which we believe are helpfuland will increase the safety of our citizens. These include:• Restriction on FOIL requests about pistol permit holders. By granting citizens theoption of having their names and addresses withheld from public disclosure, the newlaw does provide a mechanism to allow people to decide for themselves whether theirpersonal information should be accessible to the public. We believe, however, that noone should have to explain why their personal information should remain confidential.A better procedure, we believe, is simply to exempt all this personal information fromFOIL disclosure.• Killing of emergency first responders. The new law makes killing of emergency firstresponders aggravated or first degree murder, enhancing penalties for this crime andrequiring life without parole. First responders need this protection, evidenced all toooften by attacks on them when they attempt to provide help, and in special recognitionof the terrible attacks on two firefighters in Webster, NY and attacks on first respondersin Jefferson County.• Requirement of NICS checks for private sales (except between immediate family). Webelieve that this will ensure that responsible citizens will still be able to obtain legalfirearms through private transactions, with the added assurance that private buyers areapproved by the federal National Instant Criminal Background Check System. Weremain concerned that this provision will be very difficult to enforce and will likely onlyaffect law abiding citizens.• Comprehensive review of mental health records before firearms permits are grantedand review of records to determine if revocation of permits is required. Sheriffsbelieve that there is an urgent need to increase funding for mental health care. Thenew law imposes reporting requirements on many mental health care professionals andothers who may make a determination that a person is a danger to himself or others.The law further gives needed authority to courts or others who issue firearms permits todeny permit applications or to revoke permits already issued. We believe that this issuedemands a much more full and detailed discussion about how to keep guns out of thehands of such people. The Sheriffs of New York want to pursue these issues with theGovernor and the State Legislature.• Safe storage of firearms. The new law provides that guns must be safely stored if theowner lives with someone who has been convicted of a felony or domestic violencecrime, has been involuntarily committed, or is currently under an order of protection.We agree that firearms owners should have the responsibility to make sure that theirweapons are safeguarded against use or access by prohibited persons, and the new lawadds these protections to ensure that weapons are safely and securely stored.• Increased penalties for illegal use of weapons. The new law adds several increasedsanctions for violation of New York gun laws and creates new gun crimes which did notpreviously exist. These new provisions will provide added tools for law enforcement toprosecute such crimes. We further believe that the new provisions should help deterfuture misuse of firearms. We also suggest that the legislature consider limitations onplea bargaining for all gun crimes.We have reviewed other provisions of the new law, and strongly believe that modificationsare needed to clarify the intent of some of these new provisions and that revisions areneeded to allow Sheriffs to properly enforce the law in their counties.• Assault weapon ban and definition of assault weapons. We believe that the newdefinition of assault weapons is too broad, and prevents the possession of manyweapons that are legitimately used for hunting, target shooting and self defense.Classifying firearms as assault weapons because of one arbitrary feature effectivelydeprives people the right to possess firearms which have never before been designatedas assault weapons. We are convinced that only law abiding gun owners will be affectedby these new provisions, while criminals will still have and use whatever weapons theywant.• Inspection of schools by state agencies. The new law transfers to state agencies theresponsibility to review school safety plans. We expect that funding will be transferredto these state agencies to implement safety proposals. Sheriffs and local police providethis service in all parts of the state and can perform these duties efficiently. As the chieflaw enforcement officer of the county, Sheriffs are in the best position to know thesecurity needs of schools in their own counties, and the state should help to fund theseexisting efforts by Sheriffs and local police departments to keep our schools safe.Because Sheriffs and local police are already deeply involved with school safety plans,have developed emergency response plans, and are familiar with structural layouts ofschools in their counties, they should be included along with state counterparts in anyeffort to review school safety plans.• Reduction of ammunition magazine capacity. The new law enacts reductions in themaximum capacity of gun magazines. We believe based on our years of lawenforcement experience that this will not reduce gun violence. The new law willunfairly limit the ability of law#8208;abiding citizens to purchase firearms in New York. Itbears repeating that it is our belief that the reduction of magazine capacity will notmake New Yorkers or our communities safer.• Five year recertification of pistol permit status and registration of existing assaultweapons. The new law delegates to the State Police the duty to solicit and receiveupdated personal information of permit holders every five years in order to maintainthese permits. Further, the law requires owners of certain existing firearms nowclassified as assault weapons to register these with the State Police within one year.The recertification and registration conflict with Sheriffs’ duties regarding issuance ofpistol permits. All records should be maintained at the local, and not the state level.This information should be accessible to those who are responsible for initialinvestigation of permit applications. Pistol permit information should be maintained inone file at the local level, and forwarded to a statewide database for law enforcementuse. It bears repeating that it is our belief that pistol permit and any registrationinformation required by the law should be confidential and protected from FOILdisclosure.• Sale of ammunition. The new law imposes several new provisions regarding how, andfrom whom, ammunition can be lawfully purchased. The law should be clarified aboutthe use of the Internet as a vehicle for these sales, out#8208;of#8208;state sales to New Yorkresidents, and other issues. Businesses have said that they do not understand the newprovisions and are concerned that they will have to cease operations.• Law enforcement exemptions must be clarified. The new law has many provisions thatmight apply to law enforcement officers and there has been much confusion aboutwhether existing law enforcement exemptions continue to apply. We understand thatthe Governor and Legislature have already agreed to review and modify theseprovisions where necessary, and the Sheriffs want to be part of the discussion to makethe changes effective. Additionally, the exemptions should apply to retired police andpeace officers, and to others in the employ of the Sheriff and other police agencies whoperform security duties at public facilities and events.• Method of bill passage. It is the view of the Sheriffs’ Association that anytimegovernment decides it is necessary or desirable to test the boundaries of aconstitutional right that it should only be done with caution and with great respect forthose constitutional boundaries. Further, it should only be done if the benefit to begained is so great and certain that it far outweighs the damage done by the constrictionof individual liberty. While many of the provisions of the new law have surface appeal,it is far from certain that all, or even many, of them will have any significant effect inreducing gun violence, which is the presumed goal of all of us. Unfortunately theprocess used in adoption of this act did not permit the mature development of thearguments on either side of the debate, and thus many of the stakeholders in thisimportant issue are left feeling ignored by their government. Even those thrilled withthe passage of this legislation should be concerned about the process used to secure itspassage, for the next time they may find themselves the victim of that same process.Fortunately, the Governor has shown himself open to working with interested parties toaddress some of the problems that arose due to the hasty enactment of this law. Wewill work with the Governor and the Legislature on these issues.• Sheriffs understand their Constitutional obligations and the concerns of constituentsSheriffs and other law enforcement officers are not called upon by this new legislationto go door#8208;to#8208;door to confiscate any weapons newly classified as assault weapons, andwill not do so.Sheriffs represent all the people, and we take an oath to uphold the Constitution of theUnited States and the Constitution of the State of New York. Sheriffs will continue toenforce all laws of the state and will protect the rights of all citizens, including thoserights guaranteed by the Constitution of the United States and the Constitution of theState of New York.

"Sheriffs represent all the people, and we take an oath to uphold the Constitution of theUnited States and the Constitution of the State of New York. Sheriffs will continue toenforce all laws of the state and will protect the rights of all citizens, including thoserights guaranteed by the Constitution of the United States and the Constitution of theState of New York."

Frankly, I think the Sheriff's statements make more sense then some of the stuff coming out of politicians. They seem to at least understand that many of these new laws will only effect law abiding people, not criminals.

"Law enforcement exemptions must be clarified. The new law has many provisions that might apply to law enforcement officers and there has been much confusion about whether existing law enforcement exemptions continue to apply. We understand that the Governor and Legislature have already agreed to review and modify these provisions where necessary, and the Sheriffs want to be part of the discussion to make the changes effective. Additionally, the exemptions should apply to retired police and peace officers, and to others in the employ of the Sheriff and other police agencies whoperform security duties at public facilities and events. "

In other words 'some parts of the law are OK - some are not - especially the part where it might affect us as LEOs.'